The court holds that a company's indemnification claims for state and federal liability incurred for the cleanup of pollution on property it purchased from a bankruptcy trustee are barred by the debtor's reorganization plan's bar date for postpetition claims. Although the company argued that it did ...

The court holds that a county board of commissioners lacks authority under Georgia law to prohibit household waste landfills within a one-half mile of residential property, and that an importation ordinance violates the Commerce Clause of the U.S. Constitution by discriminating against out-of-county...

The court holds that the purchaser of a ranch lacks standing to challenge the U.S. Forest Service's decision not to renew the previous owner's grazing permit when the decision was made one year prior to the purchase of the ranch. The court holds that the purchaser did not demonstrate a personal inju...

The court holds that genuine issues of material fact remain about whether a flow control and recycling ordinance violates the Commerce Clause of the U.S. Constitution, and remands the action. A local ordinance requires that all solid waste generated in the town be disposed of at a specific regional ...

The court holds that provisions of the Illinois Environmental Protection Act (IEPA) that restrict the location of waste treatment, landfill, and incinerator facilities serving areas beyond the borders of a local government unit are unconstitutional burdens on interstate commerce in violation of the ...

The court holds that a bankruptcy court's order allowing a trustee to abandon a contaminated site that was part of the bankrupt estate did not violate the U.S. Supreme Court's ruling in Midlantic National Bank v. New Jersey Department of Environmental Protection, 16 ELR 20278 (1986), on the abandonm...

The court affirms a district court's dismissal, under the Federal Tort Claims Act's (FTCA's) independent contractor and discretionary function exceptions, of a lawsuit against the federal government for groundwater contamination at a private farm, caused by trichloroethylene (TCE) disposal at an Air...

The court holds that two insurance companies have no duty to defend or indemnify a Delaware county for future costs resulting from the U.S. Environmental Protection Agency's (EPA's) administrative proceedings under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ad...

The court affirms a district court decision that an insurance policy's pollution exclusion and owner exclusion clauses do not bar the policy's coverage of the insureds' costs of complying with a government order to clean up contaminated waste from painting operations that they buried in barrels or p...

The court holds that a challenge by the state of Nebraska to the siting of a regional low-level radioactive waste storage facility in Boyd County, Nebraska, is barred by a regional compact's time limits on suits and the doctrines of estoppel and laches. Ruling on a motion for summary judgment by the...